Calcutta High Court (Appellete Side)
Asraf Ali Sardar & Ors vs The State Of West Bengal & Ors on 3 March, 2015
Author: Tapen Sen
Bench: Tapen Sen
1
03/3/2015
(5) Ct. 34
ARDR.
COLRT 3 of 2015
Asraf Ali Sardar & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Hiranmoy Bhattacharjee,
Mr. Mrinal Kanti Ghosh
...for the Petitioners.
Mr. Lalit Mohan Mahata,
...for the Respondents.
Heard the learned Counsel for the Petitioners and Mr. Lalit Mohan Mahata for the State. The private Respondents have not appeared and the Affidavit of service shows that they could not be served. Said Affidavit of service is taken on record.
Learned Counsel for the Petitioners submits that he would be satisfied if the D. L. & L.R.O. at Howrah is directed to dispose of their Appeal expeditiously. It appears that the Petitioners have moved the West Bengal Land Reforms and Tenancy Tribunal vide O. A. no. 3562 of 2013 (LRTT). By reason of an Order dated 27/2/2014 they were directed to serve a copy of the application along with all Annexures appended thereto upon the B. L. & L. R.O. Sankrail, Howrah and to file Affidavit of service on the next date. The said B.L. & L.R.O. was directed to produce the proceedings, which had been initiated in the year 2002 and records published, duly revised, before the said Tribunal.
The learned Tribunal passed an interim order of status quo directing all parties not to change the nature, character and possession of the suit land, as existing on the date of passing 2 the Order i.e. 27/2/2014. The matter was then directed to be listed on 03/11/2014 and subsequently on the said date i.e. 03/11/2014 the matter was again adjourned to 20/8/2015.
In the background of such a long adjournment having been given, learned Counsel for the Petitioners states that if the D.L. & L.R.O. at Howrah is directed to dispose of the Appeal then, that would subserve the interests of justice. In the absence of the Respondents, we are not inclined to pass such an Order, but we can direct the learned Tribunal to dispose of the matter, pending before it, on 20/8/2015 itself without granting any further adjournment. If the matter takes a long time in argument etc. then, the learned Tribunal must initiate the hearing on the said day i.e. on 20/8/2015 and must conclude it on a day-to-day hearing basis without any adjournment within a period of fifteen days from the said date i.e. 20/8/2015.
With the aforesaid observations and directions, this Writ Petition stands Disposed of.
( Tapen Sen, J. ) (Ashis Kumar Chakraborty, J.)